The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-05-08
THE LAW LECTURE.
Mr.. J. L. Rawlins' Lecture on
Transference of Title.
THE SEVERAL KINDS OF TITLES
The Rules of Descent-In Case of rs
cheat-TitIe by Prescription
Alienation by Deed.

MIR. J. L. Rawlins delivered the law
lecture at the University yesterday, in
\ the place of Judge Sutherland, who was
unable, on account of pressing legal af-
fairs, to be present.
The lecture treated of the means by
which title to property is acquired or
lost. Title is the means whereby the
owner has the just possession of his
property. Titles are of different degrees,
according to the varying degree of right
person haste the property he claims.
A man that acquires possession by
wrong has a certain title to the land,
though such title is of the lowest pos
sible grade; but until the rightful owner
does something to diyest the wrong
doer, the latter has possession and a
kind OF right in the property. Another
title is that for time, such as tenant |
for years, or at will, enjoys. This title
must be respected even by the landlord.
A third kind is that of full and complete
title to property, so that the property
can be transferred by descent, purchase,
etc.
The general division of the means OF
transference is into two kinds, transfer
ence by descent and t-ansference by pur-
chase, the latter including all means of
transferringI estates except those
of inheritance; or the term purchase
in law has wider meaning than that
usually applied to it. One person loses
title when another gains it, except in
the rare cases of first possession, hence
we speak of transferring the title.
TRANsFERENcE BY DESCENT
is that in which the title passes to
another solely through the operation of
law. The common law idea of descent |
grew out of feudel customs, in which the
land was held by a tenant who per- (
the use of the land. The estate de- {
scended to the oldest son, since he
would be the one that first would be
capable of filling his fathers place as a
warrior. In case the father had no son, e
it is not strange that the baron, or lord 6
had the right to re-enter I
the estate when he no longer received L
what was. deemed just, compensation
Tor the use of the land, viz: the mill t
.ary services of the person holding it. Z
Therefore the property never as
,ended from son to father, and the t.
preference still enjoyed in some coun-
ries by the Oldest son, is thus traceable 2
20 the old system of vassalage. d
An heir acquires the estate of his an d
,estor, on the death of the latter, the
ho1r Tod hr | n
If the rules of descent may be stated as d
ollows: 1t
1.-Inheritances descend to the issue
If the person in possession. In tracing 81
descent we begin with the last pur- 81
;haser, not with the person who last
ook the estate by descent. 1.-The is "A
ue of the last purchaser take prefer
nee over collateral kindred. s.
4ineal descendants are entitled to rep
esent their ancestors; and each new 81
generation takes possession by this a.
light of representation. 4-Male issue d
s preferred to female issue. We have te
cen reason for this in the connection il
If the common law with the feudal n
ystem. The law-givers have uncom- 81
said, The worthiest blood d.
hall be preferred: but in this country a
here is no such preference 5.-While a.
preference was given the eldest son, all b
he daugttrs shared equally. Here, s!
Ill the children share equally. Ere O
atoms of whole blood were preferred to II
others. This is now mostly done away p
With. AT common law there was W
10 right of adoption by which adopted W
children could inherit property. Now, W
however, by certain legal foImalities e'
children may be so adopted as to in a.
lerit like natural children. ts
There are several kinds OF transfer O.
,nce of title by purchase. Escheat we y
lave seen, was one of the fruits of n
eudal tenure for when the vassal had b
10 son, the land revested in the baron.
t now means that the properly falls to Il
he state as the ultimate owner, by
eason of failure of heirs. 8
IN CASE OF EsCHEAT, o
he property goes to the state in which q
he property is located, and not to the W
general government. Anciently, es- Il
heat was absolute; but at an earlier CT
lay, changes in the common law were 6
made through statutes, by which ten
lnts were permitted to remain upon the
land till the period of their
Igreed occupancy should expire. Per-
ons born out of lawful wedlock could
neither inherit nor transmit titles; I'M
Ter some circumstances now however,
hey may do both. Aliens could not :
inherit; and those that abjured the